BILL NUMBER: AB 963	CHAPTERED  09/27/99

	CHAPTER   494
	FILED WITH SECRETARY OF STATE   SEPTEMBER 27, 1999
	APPROVED BY GOVERNOR   SEPTEMBER 27, 1999
	PASSED THE ASSEMBLY   AUGUST 31, 1999
	PASSED THE SENATE   AUGUST 26, 1999
	AMENDED IN SENATE   AUGUST 24, 1999
	AMENDED IN ASSEMBLY   APRIL 15, 1999

INTRODUCED BY   Assembly Member Gallegos

                        FEBRUARY 25, 1999

   An act to amend Sections 13700, 13710, and 13710.5 of the Business
and Professions Code, relating to weights and measures.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 963, Gallegos.  Automotive products:  coolants and antifreeze.
   (1) Existing law requires the Department of Food and Agriculture
to establish specifications for engine coolants and antifreeze, and
prediluted engine coolants and prediluted antifreeze that promote the
public safety in the operation of motor vehicles.  Existing law
prohibits the department from prescribing specifications that are
less restrictive than the minimum specifications recommended by the
American Society for Testing and Materials.
   This bill also would require the department, on or before January
2002, to establish specifications for recycled engine coolants and
antifreeze and recycled prediluted engine coolants and antifreeze
that promote the public safety in the operation of motor vehicles if
the American Society for Testing and Materials adopts standards for
recycled engine coolants and antifreeze.  Because, under existing
law, a violation of those standards and specifications would be a
misdemeanor, the bill would impose a state-mandated local program.
   For the above purposes, the bill would revise the definition of
"prediluted engine coolant" or "prediluted antifreeze."  The bill
also would require the department to adopt testing procedures and to
specify a virgin reference coolant that it finds is recognized as
standard in the industry.
   (2) Existing law, until January 1, 2000, or 150 days from the date
of the adoption of prescribed standards by the American Society for
Testing and Materials, whichever occurs first, authorizes the
Department of Food and Agriculture to grant a variance from the
chloride standard adopted for recycled engine coolants and antifreeze
if certain requirements are met.
   This bill, instead, would extend those provisions to January 1,
2003.
  (3) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 13700 of the Business and Professions Code is
amended to read:
   13700.  (a) "Automotive product" means engine coolant or
antifreeze, prediluted engine coolant or prediluted antifreeze, brake
fluid, and automatic transmission fluid.
   (b) "Automatic transmission fluid" means a product intended for
use in a passenger vehicle, other than a bus, as either a lubricant,
coolant, or liquid medium in any type of fluid automatic
transmission, or any other type of unit through which, or by which,
force, energy, or power is transferred from a motor vehicle engine by
hydraulic means to the driving assembly.
   (c) "Brake fluid" means the fluid intended for use as the liquid
medium through which force is transmitted in the hydraulic brake
system of a vehicle operated upon the highways.
   (d) "Carton" means the package or wrapping in which a number of
containers are shipped or stored.
   (e) "Container" means any receptacle in which a commodity is
immediately contained when sold, but does not mean a carton or
wrapping in which a number of receptacles are shipped or stored, or a
tank car or truck.
   (f) "Engine coolant" or "antifreeze" means any substance or
preparation, regardless of its origin, intended to be diluted before
use as the cooling medium in the cooling system of an internal
combustion engine to provide protection against freezing,
overheating, and corrosion of the cooling system, or any product
intended to be diluted before use which is labeled to indicate or
imply that it will prevent freezing or overheating of the cooling
system of an internal combustion engine.
   (g) "Label" means all written, printed, or graphic
representations, in any form whatsoever, imprinted upon or affixed to
any container or accompanying any product referred to in this
chapter.
   (h) "Prediluted engine coolant" or "prediluted antifreeze" means
any substance or preparation, regardless of its origin, intended or
labeled for use full strength as the cooling medium or as a top off
in the cooling system of an internal combustion engine to provide or
supplement protection against freezing, overheating, or corrosion of
the cooling system.
   (i) "Principal display panel" means that part of the label that is
designed to most likely be displayed, presented, shown, or examined
under normal and customary conditions of display and purchase.
  SEC. 2.  Section 13710 of the Business and Professions Code is
amended to read:
   13710.  (a) (1) The department shall establish specifications for
engine coolants  and antifreeze, and prediluted engine coolants  and
prediluted antifreeze that promote the public safety in the operation
of motor vehicles.
   (2) In addition to paragraph (1), if the American Society for
Testing and Materials adopts standards for recycled engine coolants
and antifreeze, the department, on or before January 1, 2002, shall
establish specifications for recycled engine coolants and antifreeze,
and recycled prediluted engine coolants and antifreeze that promote
the public safety in the operation of motor vehicles.
   (3) The chemical, physical, and performance specifications for
engine coolants  and antifreeze and prediluted engine coolants and
prediluted antifreeze under paragraphs (1) and (2) shall not fall
below the minimum specifications, if any, established by the American
Society for Testing and Materials.  Engine coolant  and antifreeze
shall not contain, after dilution with 30 percent water and
subsequent mixing, visually identifiable suspended matter or
sediment.  Prediluted engine coolant  and prediluted antifreeze shall
not contain, after mixing, visually identifiable suspended matter or
sediment.
   (4) For purposes of this subdivision, the department shall adopt
testing procedures and shall specify a virgin reference coolant that
it finds is recognized as standard in the industry.  Alcohol-based
coolants  and antifreeze, excluding glycols, are not suitable for use
in automotive engines and shall not be sold or distributed for
automotive use.
   (b) Any automatic transmission fluid sold without limitation as to
type of transmission for which it is intended, shall meet all
automotive manufacturers' recommended requirements for transmissions
in general use in the state.  Automatic transmission fluids that are
intended for use only in certain transmissions, as disclosed on the
label of its container, shall meet the latest automotive
manufacturers' recommended requirements for those transmissions.
   (c) The department shall establish specifications for brake fluid
that promote the public safety in the operation of automotive
vehicles.  The specifications for brake fluid shall not fall below
the minimum specifications established by the National Highway
Traffic Safety Administration of the United States Department of
Transportation.
   (d) Any manufacturer or packager of any product regulated by this
chapter and sold in the state shall provide, upon request to duly
authorized representatives of the department, documentation of any
claim made upon their products' label.
  SEC. 3.  Section 13710.5 of the Business and Professions Code is
amended to read:
   13710.5.  (a) The department may grant a variance from the
chloride standard adopted pursuant to Section 13710 for recycled
engine coolants and antifreeze, upon application by a producer of
engine coolants or antifreeze or the manufacturer of an engine
coolant or antifreeze recycling system, and upon a demonstration to
the satisfaction of the department of compliance with all of the
following conditions:
   (1) The chloride content of the recycled engine coolant or
antifreeze is less than 150 parts per million (150 ppm).
   (2) The recycled engine coolant or antifreeze otherwise complies
with standards adopted by the department pursuant to Section 13710
for engine coolants or antifreeze.
   (3) The recycled engine coolant or antifreeze passes tests adopted
by the department as standard in the industry for storage stability
and compatibility, and electrochemical pitting.
   (4) The recycled engine coolant or antifreeze, when tested
pursuant to procedures adopted by the department for storage
stability and compatibility, shall visually exhibit similar or less
precipitate than a virgin reference coolant.  For purposes of this
paragraph, the department shall adopt testing procedures and shall
specify a virgin reference coolant that it finds is recognized as
standard in the industry.
   (b) The department shall conduct random sampling, at a frequency
to be determined by the department, to determine whether the recycled
engine coolant or antifreeze subject to a variance granted pursuant
to this section complies with the conditions of the variance.
   (c) As used in this section, "engine coolant" or "antifreeze"
includes prediluted engine coolant or antifreeze.
   (d) This section shall remain in effect only until January 1,
2003, and as of that date is repealed, unless a later enacted statute
deletes or extends that date.
  SEC. 4.  No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution because the
only costs that may be incurred by a local agency or school district
will be incurred because this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime
or infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIIIB of the California Constitution.
